ON DECEMBER 29, 2001, REGION III SENT A REFERRAL TO THE DEPARTMENT OF JUSTICE REGARDING MFS INC., A/K/A MINERAL FIBER SPECIALISTS ( MFS ) TO ADDRESS ALLEGED VIOLATIONS OF THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS FOR MINERAL WOOD PRODUCTION FACILITIES, CODIFIED AT 40 C.F.R. PART 63, SUBPART DDD ( MINERAL WOOL NESHAP ), PROMULGATED PURSUANT TO SECTION 112 OF THE CLEAN AIR ACT ( CAA OR THE ACT ), AS AMENDED, 42 U.S.C. SECTION 7412. THE MINERAL WOOL NESHAP REQUIRES, AMONG OTHER THIINGS, THAT OWNERS AND OPERATORS OF EXISTING MINERAL WOOL CUPOLAS AND CURING OVENS, TO COMPLETE PERFORMANCE TESTING BY NO LATER THAN JUNE 2, 2002, TO ENSURE COMPLIANCE WITH ALL REQUIREMENTS. EPA DISCOVERED THAT ALLEGED VIOLATIONS DURING A JANUARY 13, 2004 INSPECTION OF THE MFS FACILITY. THE REFERRAL REQUESTS INJUNCTIVE RELIEF AND PENALTIES FOR MFS' FAILURE TO CONDUCT A PERFORMANCE TEST AND BY FAILURE TO SUBMIT A PERFORMANCE TEST REPORT AS REQUIRED BY THE MINERAL WOOL NESHAP.